RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 NOVEMBER 2005
      DOCKET NUMBER:  AR20050003803


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin Meyer                  |     |Member               |
|     |Ms. LaVerne Douglas               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge (CIB),
Bronze Star Service Medal (BSM) and the Army Commendation Medal (ARCOM).
He also requests that his records be corrected to show his military
occupational specialty as 11B (Infantryman).

2.  The applicant states he was awarded the CIB in a field ceremony but,
due to a clerical error it was not placed in his records.  He also states
that he was awarded the BSM and the ARCOM but, the awards were not approved
until after his discharge.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), self authored statement, DA
Form 20 (Enlisted Qualification Record), various order associated with
promotion, awards, and reassignment, BSM and ARCOM Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 February 1970, the date of separation.  The
application submitted in this case is dated 1 March 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted in the Army on 19 February 1968.  After
completion of basic and advanced individual training, he was awarded
military occupational specialty (MOS) 11B (Infantryman).  He served in
Vietnam from 30 August 1968 through 6 August 1969.  He was assigned to
Company A and C, 3rd Battalion (Airborne), 187th Infantry.  The applicant
was honorably discharged on 18 February 1970.

4.  The applicant’s DD Form 214 shows his MOS as 64B20 (Heavy Vehicle
Driver).  Special Orders Number 292, dated 20 October 1969 awarded primary
MOS 64B20 and withdrew primary MOS 11B20, effective 17 October 1969.
5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
lists the National Defense Service Medal, Vietnam Service Medal with 4
campaign stars, and the Vietnam Campaign Medal with 60 device.

6.  Army Regulation 600-8-22 provides that the Combat Infantryman Badge is
awarded to infantry officers and to enlisted and warrant officer persons
who have an infantry MOS.  They must have served in active ground combat
while assigned or attached to an infantry unit of brigade, regimental or
smaller size.  The Awards Branch of the U.S. Army Human Resources Command
(formerly known as the Total Army Personnel Command) has advised, in
similar cases, during the Vietnam era, the Combat Infantryman Badge was
awarded only to enlisted individuals who held and served in MOS 11B, 11C,
11F, 11G, or 11H.

7.  Army Regulation 635-5 (Personnel Separations) in effect at the time,
established standardized procedures for preparation and distribution of the
DD Form 214.  The regulation states, in pertinent part, to enter the
primary MOS code number, title, and date of award in item 23.

8.  The applicant's DD Form 214 does not list award of the BSM or the
ARCOM.  Headquarters, 101st Airborne Division, General Orders Number 6087,
dated      31 May 1969, awarded the BSM to the applicant for “outstanding
service in connection with ground operations against hostile force.”  Also
General Orders Number 2763, dated 27 March 1969 awarded him with the ARCOM.

9.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that the 3rd Battalion, 187th
Infantry, to which the applicant was assigned, was cited for award of the
Presidential Unit Citation, Valorous Unit Award, Meritorious Unit
Commendation, Republic of Vietnam Gallantry Cross Unit Citation with Palm,
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant's MOS was 11B, Infantryman.  He served
in active ground combat as verified by his award of the Bronze Star Medal
for “ground operations against hostile force” and he was assigned to an
infantry battalion.  Therefore, he met all the requirements and is entitled
to the award of the CIB.

2.  The BSM and ARCOM orders are sufficient evidence to correct the
applicant’s records to show these awards

3.  Additionally, evidence of record shows that while the applicant was
assigned to the 3rd Battalion, 187th Infantry, the unit was awarded the
Presidential Unit Citation, Valorous Unit Award, Meritorious Unit
Commendation, Republic of Vietnam Gallantry Cross Unit Citation with Palm,
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  Therefore, the applicant is entitled to correction of his
records to show these awards.

4.  Evidence of record shows that the applicant’s primary MOS was 11B when
he was inducted in the Army in February 1968.  In October 1969, the
applicant’s MOS was changed to 62B20.  He was assigned as a vehicle driver
for four months prior to his separation in February 1970.  The Board notes
that there is only a requirement to list the applicant’s primary MOS on the
DD Form 214.  The intent of the regulation is to show the most current MOS
held by the applicant prior to discharge.  Therefore, the information
contained on his DD Form 214 is correct.  However, based on the fact that
the applicant served honorably as an infantryman for the majority of his
military service, as an exception to policy, and in the intent of justice
and equity, the Board will add 11B, Combat Infantryman in item 30 of the
remarks column on the applicant’s DD Form 214.

BOARD VOTE:

__SK ___  __MM___  __LD____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__     ___  __       ___  __       ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected:

     a. by awarding him the CIB;


     b. by showing he was awarded the BSM, and ARCOM;

      c.  by showing he is entitled to the Presidential Unit Citation,
Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation; and


      d.  by adding 11B (Infantryman) in Item 30, remarks.




                            ______Stanley Kelley_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003803                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]